Humbly complaining your Orator Joseph H. Eanes of the county of Pittsylvania respectfully represent that in the month of October in the year 1842 your Orator purchased of a certain Pleasant Mahon late of said county a tract of land lying on the head waters of Cascade Creek in the county of Pittsylvania and containing three hundred and thirty acres at the price of $737. to be paid in the following manner $450 of the said purchase money to be paid on the 1st day of September 1843, and the residue on the 1st day of September 1844 that at the time of the contract your Orator paid the said Mahon as earnest money one dollar in part of said purchase money and he then and there delivered to your Orator full possession of said tract of land which he has retained from that period.
Your Orator further expressly charges that at the time of the contract aforesaid the said Mahon and your Orator agreed to meet in a few days thereafter to carry into full effect the agreement apd (this inserted - perhaps "approved"?) by executing bonds for the purchase money and making a conveyance by deed of the land aforesaid to your Orator, but before the time arrived for carrying out the promises aforesaid the said Pleasant Mahon departed this life Intestate leaving the following persons his heirs and distributees to wit Edmund Mahon Sally Bullington the wife of Josiah Bullington, Sheppard Mahon, Nancy Garrett the wife of John Garrett, Elizabeth Mahon the wife of Plyant Mahon, Wesley Mahon, Reuben Mahon, Williamson Mahon, Mary Mahon, Jeduthan Mahon and Julia Mahon the children and Polly Mahon the widow and relict of the said Pleasant Mahon dec'd.
Your Orator expressly charges that the said Sheppard Mahon, Wesley Mahon and Plyant Mahon and Elizabeth his wife have removed without the limits of this commonwealth to parts to your Orator unknown, and that the said Jeduthan Mahon and Julia Mahon are infants under the age of twenty one years.
Your Orator expressly charges that the aforesaid Edmund Mahon sued(?) out Letters of administration on the estate of the said Intestate and in that character took possession of his personal estate. Your orator expressly charges that at the time of the contract he expected to receive and it was expressly stipulated by the said Intestate that he would make to your Orator a clear title to said land in fee simple and warrant the same free from all incumbrances, and in the persuance of that agreement your Orator has sought from the heirs and distributees of the said Intestate a fulfilment of the agreement on their part and profess to be willing to convey the legal title in them, yet there are the two infant children aforesaid whom your Orator is advised are incompetant to convey, and the Dower estate of the said Polly Mahon which can be asserted to this prejudice.
Your Orator expressly charges that he is anxious to carry into full effect the sd. agreement on his part provided he can obtain legal title to the land aforesaid and enjoy undisturbed possession of the same, that one of the payments of purchase money will fall due in a few days, and he is ready to make the payment if he can do so upon the terms agreed upon with the said intestate, that he had injoyed the possession, and use of the said tract of land for nearly twelve months and cannot dissolve the said agreement without the assent of the said heirs and distributees, or the order of this court decreeing the same, that the said infants cannot convey the legal title vested in them without the authority of this court authorizing the same to be done, that the said widow cannot commute her Dower with the said infants if disposed to do so, without the leave of this court and your Orator being without any adequate remedy in a court of common law and only nilievable(?) in Equity where matters of this kind are cognizable to the end therefore that Justice may be done him he prays that the said, Edmund Mahon Administrator of Pleasant Mahon decsd. and the sd. Edmund in his own right, Josiah Bullington and Sally his wife, Wesley Mahon, Reuben Mahon, Williamson Mahon, Mary Mahon Jeduthan Mahon and Julia Mahon, and the said Polly Mahon may be made defend unto to this bill and compeled to answer the same the adults in proper person and the said infants by a guardian ad litens (?) assigned to them to that end. and finally may it please your Honor to devise (?) a specific execution of the agreement aforesaid if it can be done or shall seem right, if not he prays that the said agreement may be set aside and the parties thereto discharged from all obligations to execute the same: and grant process & and such other and further relief in the premises as Equity and the natures of this case may require. George Townes counsel for the Plaintiff